FREEDOM OF SPEECH
FREEDOM OF SPEECH
V.
Sedition
GAUTAM BUDDHA
François-Marie Arouet VOLTAIRE
charles bradlaugh
abraham lincoln
albert einstein
george washington
rabindranath tagore
Subhash chandra bose
bhagat singh
mahatma gandhi
Sarojini naidu
Indian Constitution
ARTICLE 19 Protection of certain rights regarding
freedom of speech, etc. All citizen shall have the right
19 (1)(a) – to freedom of speech and expression
VOLTAIRE
Tilak
BILL OF RIGHTS
Alien and Sedition act 1789
Indian Sedition laws
The Indian Penal Code
Section 124A: Sedition – Whoever, by word, either spoken or written, or signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excite or attempts to excite disaffection towards, the Govt. established by law in (India) shell be punished with imprisonment for life, to which fine may be added, or with fine.
The Code of Criminal Procedure CrPc : 1973 Contains Section 95 which gives the
govt. that right to forfeit material punishable under Section 102A.
Unlawful Activities (Prevention) Act 1967
For claims of secession, questioning territorial integrity and causing disaffection against India.
Prevention of Seditious Meetings Act, 1911
Criminalize meetings likely to promote sedition or disaffection. Continues to be on our statues books.
CASES OF SEDITION
1891- 2013
2016
State wise cases
What the SC of India said: Kedar Nath Singh vs. State of Bihar
1962 The Supreme court held that “a
citizen has a right to say or write whatever he like about the govt. or measures, by way of criticism or comment, so long as he does not incite people to violence.’’
P.ALAVI Vs. State of Kerala 1982 Where the court held that
sloganeering, criticsing of Parliament or the judicial set- up did not amount to sedition.
Balwant Singh and anr vs. state of Punjab 1995 Raising some slogan a couple of
times….which neither evoked any response nor any reaction from the public attract such punishment.
Common Cause v. Union of India 2016 Direction to authorities to follow
Kedar Nath Singh judgment.
Thank you
ASHISH PANDAY LL.B